INCOME PROGRAM TERMS
Welcome to Shopchums and Our Website at www.shopchums.com, and Our IOS or Android mobile applications.
These Income Program Terms (“Terms”) constitute a legal Agreement between You and Shopchums, governing Your participation in the Income Program. To participate in the Income Program, You must already be registered as a Shopper on Shopchums.
You confirm that prior to Your access of the Vidcaster and/or Income Booster programs in the Income Program, You read and understood these Terms. Further, Your consent to these Terms is confirmed whenever You access and use the Vidcaster and/or Income Booster programs in the Income Program. If you do not agree to be bound by these Terms, you should not access and use the Income Program.
The Income Program includes the Vidcaster and the Income Booster programs, and these two programs are identical in basic function, except for specific provisions noting otherwise in these Terms relative to each of the respective programs.
The words or phrases following have certain meanings:
a) Agreement means this agreement with Shopchums;
b) Account means an account that is created when a person or entity completes a registration in its entirety on Shopchums, and includes a separate contemporaneous agreement by that person or entity to abide by Shopchums Business or Shopper Terms, as appropriate for the person or entity completing the registration, All registrants on Shopchums must have Accounts as either a Business or a Shopper;
c) Authorized Representative means a person (or persons) within a Business duly authorized to register and open an Account on Shopchums (either directly or pursuant to a Business Referral), and at the Business’ sole option, to authorize additional, but optional, Shopchums programs to conduct Shopcasts, or to retain Freelancers;
d) Attendee means any Shopper who receives an invitation to a Shopcast, and then accepts the invitation, and views or watches the Shopcast;
e) Business means any person or entity on the Platform operating any type of business, including all types of retailers, wholesalers, distributors, manufacturers, etc. and offering and selling products in all categories and subcategories, who are or may be an incorporated business, an unincorporated business, a sole proprietorship, a partnership, a joint venture, or other form of business organization used to operate a business, and who:
ii) can create Shopcasts to offer and sell specific products in specific markets selected by the Business anywhere at any local time of day;
iii) may retain or hire Shopcasters as and when needed in order to host Shopcasts, which retention must be approved by an Authorized Representative for the Business;
(iv) if the Business is or will be operating as an unincorporated business, or as a sole proprietorship, the Business principal(s) must not be a minor(s) in their jurisdiction of residence (i.e. be at least 18 years old) at the time of registration on Shopchums;
g) Income Booster means any Shopper who participates in the Income Booster program;
h) Income ID means the link embedded in either of the premade Vidcaster promo video, or the premade Income Booster promo video, which Income ID’s respectively link to and direct income to either a Vidcaster Commission Account, or an Income Booster Commission Account, as appropriate, when either the Vidcaster or Income Booster makes a successful referral using their Vidcaster or Income Booster promo videos, as the case may be;
i) License means a limited, revocable, non-exclusive, and non-transferable license to gain access and use the Shopchums Platform and Services, in accordance with these Terms for purposes intended herein;
j) Platform means www.Shopchums.com, and the Shopchums IOS and Android mobile applications, or the Shopchums App, and where Tags, Shopcasts, and other communications are displayed. Product sales do not take place on the Platform;
k) Shopcast means a live event on the Platform, which a Business can create to offer and sell a specific product in a pre-selected market anywhere at any local time. When the Shopcast is posted (but before it is live), the Platform will automatically and immediately send invitations to all Shoppers, who have current or previously posted active Tags, and to other Shoppers who may create new Tags for that specific product, until the time the Shopcast is conducted live in the market selected by the Business. Live Shopcasts may be held simultaneously in the one market for a single or for different products, or in multiple markets for a single or for different products;
l) Shopcast Fee means an amount per Attendee payable by a Business pursuant to the Use of Shopcasts to offer and sell its products on the Platform. Shopcast Fees for particular Shopcasts shall be based on a percentage of the sale price of the product offered in a Shopcast, which percentage will vary depending on the product sale price during the Shopcast, and which percentage will be established by Shopchums from time to time;
m) Shopchums means the Shopchums website, and the Shopchums IOS and Android mobile applications;
n) Tag means any post on the Platform created by a Shopper describing and looking to buy a certain new or pre-owned product. The Tag can also specify if the Shopper either wants to buy the product online, or in a specific geographic location, or wants to choose both. Businesses can respond accordingly;
o) Vidcaster means any Shopper who participates in the Vidcaster Program;
p) You, Your, Users all mean persons or entities registered on and having an Account on Shopchums, and as implied in all respective intended contexts herein, and on all programs on Shopchums, You also includes Authorized Representative in context;
q) We, Us, Our all mean Shopchums.
1. Income program Agreement with Shopchums
1.1. To participate in the Income program as either a Vidcaster or an Income Booster:
b) You must be at least 18 years old;
c) You must read and separately agree, and consent to these Terms, after which You can become active in the Income program (agreement and consent to these Terms will not affect your registration as a Shopper).
1.3. The provisions set out in these Income Terms govern Your access to and use of the Income Program and constitute a legally binding Agreement between You and Shopchums. If You do not agree to these Income at the time of registration, or after any revisions thereto from time to time, You must not use the Income program.
1.4. Your Shopchums Account registration must be accurate, truthful, straightforward, and complete. You may be required, at Shopchums request, to provide relevant official documents to Shopchums on demand to confirm the data entered in Your Account, failing which Shopchums may suspend and/or terminate Your Account forthwith, in its sole discretion.
1.5. You have no legal entitlement to access and use the Platform, or to participate in the Income; program; Shopchums reserves the right to refuse the registration of any party without giving reasons.
1.6. You are responsible for maintaining the confidentiality of Your Account and Your password. You are responsible for all activities that occur in Your Account. You agree that all actions carried out by any person on Your Account shall be deemed to be an act carried out by You, and You shall ensure that all persons who have access to and use Your Account are authorized to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of Your Account, or for any actions by any persons You may authorize to Use Your account. You will notify Us if You become aware of any breach of any confidential information.
1.7. This Agreement shall expire 5 years from the date of consent to these Terms. Provided there have been no violations during the term hereof, and that no violations exist at the time of expiry herein, this Agreement shall, at Shopchums sole discretion, be renewable by on a yearly basis, by Shopchums giving a minimum of 90 calendar days written notice of such renewal prior to expiry herein, to the Vidcaster or Income Booster, as may be applicable. Such renewals shall continue on a yearly basis, at Shopchums’ sole discretion.
2. Participation in the Income program
Part 1
A. Participation as a Vidcaster:
2.A.1. If you have followers on social media networks, You can upload the premade Vidcaster promo video to all of Your accounts on all social media sites, which video will contain Your unique Income ID. However, and very importantly, and in order for Your followers to be linked to Your Income ID for commission purposes as described herein, Your followers must open and watch the Vidcaster promo video on Your social media site, and then register and open an Account on Shopchums using the registration form attached to Your shared Vidcaster video. To clarify, if any of Your followers bypass (do not register using the form attached) to the Vidcaster video You shared with them, and then register by opening and using someone else’s shared video, or if they separately register directly on Shopchums, they will not be linked to You for commission purposes herein.
2.A.2. If any of Your followers (A followers) have followers, any of Your A followers may in turn refer their followers to Shopchums by becoming a Vidcaster, simply by reading and agreeing to the Income Terms. Any A follower (after they become a Vidcaster) can then refer their followers (identified herein as B followers) to Shopchums, by following the procedures in paragraph A.2.1 herein. Any such A follower (now Vidcaster) will then earn commissions with their Income ID link to their B followers, every time the B followers attend and view Shopcasts on Shopchums.
2.A.3. Pursuant to 2.A.2. foregoing, Your link to Follower A will also link Your Income ID to their B followers, and You will earn commissions for their B follower views on Shopcasts, in a manner similar to how Your A followers will earn commissions.
2.A.4. If You are already a follower on Shopchums and not currently a Vidcaster, You may become a Vidcaster and become active by following the video uploading and sharing procedure outlined in paragraph 2.A.1 herein. Similarly, any social media user on any social media network may become a Vidcaster by registering on Shopchums as a Shopper, and following the procedure in paragraph 2.A..1. herein.
Vidcaster Commissions
2.A.5. If one of Your followers attends and views a Shopcast, the Business sponsor for the Shopcast will pay a Shopcast Fee to Shopchums for that view, and You will earn 20% of the Shopcast Fee as a commission for that Shopcast. 2.A.6. Pursuant to 2.A.2 herein, the commission paid to Your A followers for a B follower view for any particular Shopcast will be 20% of the per view Shopcast Fee paid to Shopchums by the Business that creates that particular Shopcast, as well as for any B follower views on subsequent Shopcasts. 2.A.7. Every time one of Your A followers earns a commission from a Shopcast as described in 2.A.6. herein, You will earn 5% of the same Shopcast Fee per view paid to Shopchums by the Business sponsoring the same Shopcast.
Part 2
B. Participation as an Income Booster:
2.B.1. If You want to increase your commission income potential from other social media users on other social media networks (“Other Users”) who are not already Your followers, a) You can download and send Your premade Shopchums Income Booster promo video to such Other Users, which video will contain Your unique Income ID; b) Very importantly, and in order for any Other User to be linked to Your Income ID for commission purposes as described herein, the Other User must open and watch the premade Shopchums Income Booster promo video You sent to them, and then register and open an Account on Shopchums using the registration form attached to Your Income Booster video. To clarify, if any Other Users bypass (do not register using the form attached to) the Income Booster video You sent to them, and they subsequently open an Income Booster video sent to them by a third party and then register on Shopchums, or if they separately register directly on Shopchums, they will not be linked to Your Shopchums Income ID for commission purposes herein.
2.B.2. If the Other Users in 2.B.1 herein have followers, and they want to introduce Shopchums to their followers, the Other Users can share the premade Shopchums Vidcaster promo video with their followers by uploading the video on their accounts on all social media sites where they are active, which video will contain their unique Income ID. Very importantly, and in order for their followers to be linked to the Other User’s Income ID for commission purposes as described herein, their followers must open and watch the premade Vidcaster promo video that the Other User shares with them, and then register and open an Account on Shopchums using the registration form attached to the Other User’s shared Vidcaster video. To clarify, if any of their followers bypass (do not register using the form attached to) the Vidcaster video the User shared with them, and then register by opening and using someone else’s shared video, or if they separately register directly on Shopchums, they will not be linked to the Other User for commission purposes herein.
2.B.3. Pursuant to 2.B.2. herein, Your link to the Other Users will also link Your Income ID to their followers, and You will earn commissions for any such follower views on Shopcasts, in a manner similar to how Your Users will earn commissions.
Income Booster Commissions
2.B.4. Pursuant to 2.B.1 herein, if any Other User attends and views a Shopcast, the Business sponsor for the Shopcast will pay a Shopcast Fee to Shopchums for that view, and You will earn 20% of the Shopcast Fee as a commission for that Shopcast. Further, if the User attends and views any subsequent Shopcasts, You will earn 20% of the Shopcast Fee paid for each view by the Business as a commission for each and any such subsequent Shopcast;
2.B.5. Pursuant to 2.B.2. herein, the commission paid to Other Users for each follower view for any particular Shopcast will be 20% of the Shopcast Fee per view paid to Shopchums by the Business that creates that particular Shopcast, as well as for any Shopcast Fees paid to Shopchums for subsequent views by their followers on subsequent Shopcasts.
2.B.6. Every time Other Users earn a commission from a Shopcast as described in 2.B.5 herein, You will earn 5% of the same Shopcast Fee per view paid to Shopchums by the Business sponsoring the same Shopcast.
Part 2
C. Commission Account Information
2.C.1. Commissions will accrue monthly in arrears in Your Commission Account and be paid to You on the 15th day after the end of the calendar month in which commissions are generated.
2.C.2. In order for commission payments to be made to You, there must be a minimum of US $50 in Your Commission Account. Please note that any commissions not paid owing to the minimum payment stipulated herein will remain Your property and will ultimately be paid to You on the 15th day of the month following the first month when the US $50 minimum is reached.
2.C.3. You are solely responsible for the payment of any taxes on any commissions You earn and that may be applicable, pursuant to Your activities on Shopchums, including without limitation, income taxes, value added taxes, sales taxes, excise taxes, goods and services taxes, etc.
2.C.4. The context of the phrase “passive income” as used on Shopchums is intended to describe income requiring little or no effort in order for such income to be earned by a Vidcaster; for further clarity, the context of passive income herein is not intended to have nor convey any meaning or significance of any kind under any income tax law or laws in any jurisdiction.
2.C.5. Any commissions pursuant to this Agreement that are payable to You upon any termination hereof shall be calculated and be paid within a reasonable time period of termination, with such time period to be determined by Shopchums, in its sole discretion.
2.C.6. If an Income program participant (either a Vidcaster or an Income Booster) dies during the term of this Agreement or any renewal thereof, commissions will continue to be calculated and paid to the estate of the participant for a period of 3 months from the date of the participant’s death, at which time this Agreement shall be terminated.
2.C.7. Shopchums, in its sole discretion, may:
a) Increase or decrease, or revise the method for paying commissions, or the amounts of any commissions paid pursuant to the Income program from time to time, as Shopchums may decide, in its sole discretion;
b) Terminate any part, or all, of the Income program in its entirety, in its sole discretion, at any time after December 31, 2029.
3. Vidcaster and Income Booster Programs and Shopchums
3.1. You shall comply with all reasonable and lawful instructions from Shopchums pertaining to the use of the Platform. Failure to comply will result in termination of Your access to the Platform and Shopchums.
3.2. You have no authority, and shall not represent that You, or any person related to You, are authorized to bind Shopchums in any way, and You shall not commit any act or otherwise conduct yourself in such manner which might reasonably create the impression that You are so authorized.
3.3. You shall not represent to any other person that Shopchums guarantees any commissions herein, nor make or attempt to make a commission sharing arrangement with any other User. Commissions can only be earned as specifically described on the Platform.
3.4. Except as may be expressly permitted in writing by Shopchums, You shall not and are not authorized to use the Shopchums trademark, name, or any of Our intellectual property, or any variations or misspellings thereof, or other term or terms which may be similar to or which might be confused in any way with any of Our intellectual property.
3.5. You may simultaneously participate in more than one part or aspect of the Platform; however, You will not use any part or aspect if You have not read and consented to the Terms therein, if required in such Terms, or if You are not authorized by the Terms therein.
3.6.1. Any dispute of any kind that may arise between You and another User pursuant to Your use of the Platform must be resolved by You and the other User, and You will hold Shopchums harmless in such dispute. We will not assist with dispute resolution between You and any third party and We are not obliged at any time to adjudicate on any such dispute. In the event of any dispute, You are responsible for contacting the relevant third party directly. Without prejudice to the foregoing, We remain entitled at all times to investigate, at Our sole discretion, any complaint regarding the use of Our Platform or any suspected unlawful activity and to take any action that We deem appropriate, including filing a report. We may, at Our discretion, file a report with any appropriate authorities.
3.6.2. Should an action or claim arise against Shopchums from any third party as a result of Your use of Our website, You will allow Us to assume control of the defense against any such claim or action, and You will cooperate with Shopchums as may be required in such defense. You will not agree to settle any action or claim against Shopchums without Our express prior written consent.
3.7. You must comply with all applicable laws, whether state/provincial, federal, or international, related to Your activities as a participant on the Platform. Failure to comply will result in termination of Your access to the Platform and Shopchums generally. It is Your specific responsibility to ensure that all claims or statements You make on the Platform are lawful.
3.8. You hereby hold Shopchums harmless from claims, liability, damages, and legal costs from third parties that may arise as a result of Your use of the Income Program, or as a result of Content posted by You pursuant to the Income Program.
3.9. You undertake that all communications with Shopchums, and with other Users on Shopchums, which may occur or become required during the course of this Agreement, are honest, clear, and not misleading or deceptive in any manner.
3.10. You agree and accept that Your communications on the Platform may be the subject of assessment by Shopchums, when and as deemed appropriate by Shopchums, in its sole discretion. You undertake to cooperate fully with Shopchums at all times and to provide any and all such documentation and records of communication, as well as other information and clarifications that may be required by Shopchums, in order to enable Shopchums to conduct such assessments.
3.11. You will not breach or violate any of the Terms herein. In the event that, in Shopchums sole discretion, You breach or violate these Terms, or violate any intellectual property rights of Shopchums or any other third party, or any laws when using Shopchums, or upload false or inappropriate information or material on the Platform, Shopchums may, in its sole discretion, may take any measures it may deem necessary in the circumstances, including termination of Your License and Account, and/or legal action. We encourage Users to report any abuse of privilege or similar incidents to Shopchums.
3.12. We may, without prior notice, change, revise, or modify these Terms from time to time and, if it is deemed necessary by Us in Our sole discretion, We shall notify You accordingly.
3.13. We reserve the right, without notice at any time, to change, modify, suspend or discontinue any portion or all of the Services on Our Platform.
3.14. You agree that this Agreement does not create an exclusive agreement between Shopchums and You relative to any other User;
3.15. You shall not make nor enter into any contracts with any other Users on the Platform, unless implied or permitted in these Terms.
3.16. You shall not represent that You are an agent of or employee of Shopchums; Vidcasters and Income boosters are independent contractors.
3.17. You shall not represent that You are an agent for any other User on the Platform, unless You are authorized by such User for such purposes.
3.18. Except as expressly set out in this Agreement or as may be permitted by any applicable law, You undertake:
3.18.2. to not provide nor otherwise make available Our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person or other entity;
3.18.3. to not make any copy or copies of Our Platform or any portion thereof in any form or on any medium;
3.18.4. to comply with all applicable technology control or export laws and regulations;
3.18.5. to not in any way disrupt, disable, or otherwise impair the proper working of the Services, Our Platform or Our servers, through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming or any other such or similar activity;
3.18.6. to not include or distribute malware, malicious, self replicating, or disruptive code, viruses or Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code or any other technologies that may adversely affect the operation of any computer software or hardware or harm Our Platform or Shopchums, or the interests or property of Shopchums’ Users, or the functionality of the Platform;
3.18.7. to not reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of Our Platform or any of its contents for any purposes except as may be described in these Terms.
4. Addendum
As noted previously herein in these Income Terms, You must be registered as a Shopper in order to participate in the Income program (You consented to the Shopper Terms as part of such registration). For purposes herein, Sections 4 to 19 in the said Shopper Terms are applicable herein, and govern accordingly as and wherever appropriate in the Income program, as if said Shopper Terms were written as part of these Terms.
You are accordingly directed to Sections 4 to 19 in the Shopper Terms for reference, as You may require from time to time. Sections 4 to 19 in the Shopper Terms include:
5. Content Standards
6. Taxes and Compliance With Laws
7. Warranties
8. Limitation of Liability
9. Privacy
10. Intellectual Property
11. No Partnership or Agency
12. Assumption of Risk
13. Indemnity
14. Electronic Communications, Transactions, and Signatures
15. Service Interruptions
16. Force Majeure
17. Other Important Terms
18. Agreement Termination; Services Alteration or Termination
19. Miscellaneous